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HomeMy WebLinkAboutCORRESPONDENCE - AGREEMENT MISC - FC PUBLIC MEDIA (2)December 20, 2022 FC Public Media, Channel 97 Attn: Steve Finnestead 200 Matthews St Fort Collins, CO 80521 RE: Contract Renewal – FC Public Media, Channel 97 Dear Mr. Finnestead: The City of Fort Collins wishes to extend the agreement term for the above captioned proposal per the existing terms and conditions and the following: 1)The term will be extended for one (1) additional year, January 1, 2023 through December 31, 2023. 2)Amendment #1 (attached) will also go into effect accordingly. If the renewal is acceptable to your firm, please sign this letter in the space provided and include a current copy of your insurance certificate naming the City as an additional insured for General and Automotive Liability within the next fifteen (15) days. If this extension is not agreeable with your firm, we ask that you send us a written notice stating that you do not wish to renew the contract and state the reason for non-renewal. Please contact Ed C. Bonnette, C.P.M., CPPB, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com if you have any questions regarding this matter. Sincerely, Gerry S. Paul Director of Purchasing __________________________________________ _____________________ Signature Date (Please indicate your desire to renew this agreement by signing this letter and returning it to Purchasing Division within the next fifteen days.) GSP:kr Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov.com/purchasing DocuSign Envelope ID: 5BCB34FB-7F98-46D6-A3A7-F77AB6C9A82F 12/29/2022 1 FIRST AMENDMENT TO SERVICES AGREEMENT THIS FIRST AMENDMENT TO SERVICES AGREEMENT (“Amendment”) is made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation ("City") and FC PUBLIC MEDIA, a Colorado 501(c)(3) corporation; also referred to as FCPAN and Fort Collins Public Access Network ("Service Provider"), and shall be effective as of June 1, 2022. A. City and Service Provider are parties to a Services Agreement dated August 25, 2020, through which Service Provider provides public access television for the community (the “Agreement”). B. The parties wish to amend the Agreement to allow Service Provider to purchase and own the Public Access Equipment, as defined in the Agreement, and make other updates. THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to amend the Agreement as follows: 1. Pursuant to Colorado Senate Bill 21-199, Section 19 of the Agreement is deleted in its entirety as of July 1, 2022. 2. The first eight paragraphs of Exhibit A – Scope of Services are amended as follows, with underlining indicating additions and strike-through text indicating deletions: In accordance with the franchise agreement between the City of Fort Collins and Comcast Cable, the City of Fort Collins is required to provide public access television for the community. The Service Provider is responsible for managing a dedicated cable television channel for the sole purpose of providing citizens of Fort Collins a means to communicate ideas and information to the community (the “Public Access television”). The City of Fort Collins purchased and/or provided funds to the Service Provider to purchase the production equipment (the “Public Access Equipment”) to be used for the sole purpose of Public Access television. The Service Provider will maintain said equipment as reasonably required. In order to maintain an effective working relationship between the City and Service Provider, the following guidelines and responsibilities must be adhered to. The City will make PEG funding for Public Access Equipment available to Service Provider during the term of the contract which Service Provider shall use to purchase equipment reasonably necessary for production, broadcast, and training services. All equipment is owned by the Service Provider and will be kept in good working order by the Service Provider. Upon expiration and/or termination of the Agreement, Service Provider shall transfer ownership of all Public Access Equipment to the City within ten (10) days of the effective date of the expiration or termination. Service Provider needs to have technical expertise in operating broadcast video equipment and manage playback and scheduling of Public Access programming. Service Provider will also be required to run and operate a community media center and be responsible for ongoing operational costs of the center. DocuSign Envelope ID: 5BCB34FB-7F98-46D6-A3A7-F77AB6C9A82F 2 The Service Provider shall submit an annual work plan (the “Work Plan”) to the City Representative not later than December 15 of each contract year. The Work Plan shall include the following: number of hours of locally produced first-run programming, statement of programming goals, training classes offered, planned outreach and promotional activities, measurable goals and objectives, fundraising and implementation goals and audited financial statements. The City shall make an annual distribution of Public, Education and Governmental (PEG) funds in the second quarter of every year. The amount of the fund distribution will be determined by the City. These PEG funds are Federally restricted and can only be used for capital equipment purchases. When purchasing equipment Service Provider must follow City purchasing requirements including, but not limited to, obtaining competitive bids on equipment:  Purchases between $7,500-$60,000 require getting a minimum of three pricing quotes, and Service Provider shall purchase the equipment from the lowest priced responsible and responsive seller.  Service Provider must solicit formal bids for purchases over $60,000, with the contract awarded to the lowest responsible and responsive bidder. The Service Provider may request an exception to these requirements from the City t that the City may grant if it determines competitive bids are not in the best interest of the City. To request an exception the Service Provider must submit a written justification as to why a competitive process cannot be followed and/or is not in the City’s best interest to the City’s Representative for written approval. The Service Provider shall submit quarterly performance reports to the City within ten (10) business days following each calendar quarter as well as an Annual Report. These reports will list the Board of Directors, list of programs completed, equipment usage, public outreach goals and partnerships, and financial documents. The Annual Report shall include a detailed current equipment inventory and list equipment purchased using PEG fund dollars during the preceding year. 3. In the section: Providing Fort Collins Citizens Access to Community Media These actions include, but are not limited to: ● Service Provider regularly offers training on video production equipment including camera operation and video editing. 4. The Agreement remains in full force and effect except as modified by this Amendment. THE CITY OF FORT COLLINS, COLORADO a municipal corporation By: _________________________________ Gerry Paul, Purchasing Director DATE: _______________________________ DocuSign Envelope ID: 5BCB34FB-7F98-46D6-A3A7-F77AB6C9A82F 1/10/2023 3 ATTEST: ___________________________ APPROVED AS TO FORM: ___________________________ FC PUBLIC MEDIA a Colorado 501(c)(3) corporation By: _________________________________ Printed Name: ________________________ Title: President Date: _______________________ DocuSign Envelope ID: 5BCB34FB-7F98-46D6-A3A7-F77AB6C9A82F 12/29/2022 Steve Finnestead Senior Assistant City Attorney City Clerk ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/4/2023 (303) 962-0811 (303) 962-0817 18988 Fort Collins Public Access 200 Mathews St Fort Collins, CO 80524 41190 A 1,000,000 X 74320219 4/8/2022 4/8/2023 50,000 5,000 1,000,000 2,000,000 2,000,000 General Aggregate 1,000,000A 5032021900 4/19/2022 4/19/2023 B 4230062 5/1/2022 5/1/2023 1,000,000N1,000,000 1,000,000 The City of Fort Collins is included as Additional Insured on the General Liability Policy as required by written contract or agreement and with respect to work performed by the Insured. All coverage terms, conditions and exclusions of the policy apply. City of Fort Collins PO Box 580 Fort Collins, CO 80522-0580 FORTCOL-01 JVANDENBERG Freeman Insurance West Inc12600 West Colfax Ave. #A-260Lakewood, CO 80215 Admin@freemaninswest.com Auto Owners Insurance Pinnacol Assurance X X X X DocuSign Envelope ID: 5BCB34FB-7F98-46D6-A3A7-F77AB6C9A82F